AFSAR ALI vs MAJID KHAN Ss — 2021 PCrLJ 705 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

AFSAR ALI VS MAJID KHAN Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence----Ocular account supported by medical evidence---Scope---Accused were charged for the killing of brother of the complainant and ineffective firing at him as well as witness---Complainant, in his report had assigned role of indiscriminate firing to the present accused as well as to the convicted accused---During the trial of present accused, both complainant and eye-witness appeared as witnesses respectively---Testimony of said witnesses was consistent on material points---Presence of complainant and eye-witness on the spot was established---Witnesses had deposed the ocular testimony and supported the prosecution version---Witness was subjected to lengthy cross-examinations but nothing material could be brought out nor any dent could be created in their evidence---Witnesses stood firm and their veracity could not be shaken---Both the eye-witnesses, no doubt, were related to the deceased but mere relationship was no ground to discard their straightforward and confidence inspiring evidence especially when their presence on the spot had been established---Facts showed that statement of said witnesses was not tainted or they had no motive to falsely implicate the accused---No plausible reason had been established by the defence to indicate why the complainant would substitute the accused by leaving real culprits---Testimony of complainant and eye-witness were convincing one hence, the evidence produced by the prosecution was rightly believed by the Trial Court---Unnatural death of deceased had also been proved---Perusal of post-mortem report revealed that the injury on the person of the deceased was of firearm, therefore, medical evidence also supported the ocular account---Not only the occurrence was of day light but the parties were already known to each other, therefore, question of misidentification did not arise---Appeal against conviction was dismissed, in circumstances.

AFSAR ALI vs MAJID KHAN Ss — 2021 PCrLJ 705 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2021 PCRLJ